VAW customers receiving 3M settlement payments

Dec. 9—Vinemont Anon West Point (VAW) water system customers are beginning to see settlement funds from a class action lawsuit brought against 3M and Daiken over potentially hazardous chemicals found in many residential water supplies.

The lawsuit claims that the two manufacturing companies were responsible for the presence of what the US Environmental Protection Agency (EPA) described as "levels above the lifetime exposure guidelines" of polyfluorooctoanic acid (PFOA) and perfluorooctanesulfonate (PFOS) found in the Tennessee River when it was tested in 2016.

These chemicals have been used by brands like Scotchguard, Teflon and Goretex to create non-stick coatings and grease resistant coatings for decades and are considered dangerous to the length of time they persist in natural environments. In 2016, the EPA announced that long-term exposure the chemicals — even in very low doses — was linked to higher risks of certain types of cancer, metabolic issues and developmental issues in infants.

Other possible health risks linked to PFA's are: high cholesterol, liver changes, pregnancy complications and low birth weights.

3M has stated that they have since invested upwards of $100 million to contain PFAS at its Decatur facility, not including a $35 million settlement with the West Morgan-East Lawrence Water and Sewer Authority that primarily uses the Tennessee River as its main source of drinking water. Daikin also agreed to a $4 million settlement with West Morgan. These funds were used to construct new water filtration systems to remove PFAS from the drinking water.

In 2016 WMEL sent an advisory warning to eight north Alabama water systems that were receiving its water. This includes the VAW who were at the time using a combination of water from the City of Cullman and West Morgan. Upon receiving the notice, the VAW temporarily swapped to exclusively using Cullman water.

"The water is safe, and the VAW water system is in compliance with all ADEM and EPA guidelines," Larry Duke, with the VAW, told The Times in 2016. "Everyone's water is fine, and we will strive in every way to make sure it's pure, good water for everyone to have."

Other systems included in the advisory warning include: Gadsen Water Works and Sewer Board, Centre Water and Sewer Board, Northeast Alabama Water District, Rainbow City Utilities Board and Southside Water Works and Sewer Board.

In March of this year 3M and Daiken agreed upon a $12 million settlement to resolve any claims from customers that received drinking water that had originated from WMEL between October 5, 2013 and September 26, 2016. Nearly $7 million would be allocated to the payments of two separate sub classes, Rateholders and Residents.

Rateholders (anyone who made payments towards the consumption of water originating from WMEL) were agreed upon the receive a proportional share of $6.5 million with payments ranging from $50 to $745 and would have their payments automatically distributed.

Residents (anyone within a household that received water originating from West Morgan and who were not considered the Rateholder) would receive payments between $50 and $100. Residents were required to file a claim in the lawsuit in order to receive compensation.

Roughly 800 rateholders were awarded a smaller sum of $50 due to their short lived accounts.

WMEL General Manager Jeanice Slater said that the distribution of these settlement claims is being handled by a third party administrator — Computershatre/KCC — and West Morgan, nor any local water agency is involved with their distribution.

The settlements reached between the parties is a part of the agreement that is separate from the one reached with WMEL. Because WMEL is not involved with this part of the agreement, there's nothing further for us to add about it at this time." Slater said. "If these settlements raise water quality questions with our customers, we would like to take the opportunity to remind everyone that our reverse osmosis plant is continuing to produce water that meets current water treatment challenges and ensures compliance with future regulations."

Office Manager at Premier Bank in Cullman Olivia Ray said that regardless of the lawsuit's validity she would still recommend for anyone that receives an unexpected check to exercise caution and to have the check verified by their local bank.

"We don't see it very often, but there are situations where people will make or forge a check when they find out about things like this," Ray said. "Scammers can send out these checks and when they are deposited they can get info off of your account. I would just recommend having the bank verify that funds are legit. If there is any question or concern about it the bank can also put a seven day hold on the check and during that time we will be able to verify whether or not it is legitimate."

Requests for comment left with the VAW were not responded to by presstime.